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FERPA (Family Education Rights & Privacy Act)

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FERPA (Family Education Rights & Privacy Act)

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What Is FERPA?

"The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education" (U.S. Department of Education)

This law gives parents and guardians certain rights regarding their child's educational records

Related links:

www.2.ed.gov

studentprivacy.ed.gov

www.youtube.com/watch?v=nhlDkS8hvMU

Rights Included Under FERPA:

Guardians have the right to review their child's educational records

Guardians have the right to request that the schools change/ correct records they believe are incorrect or misleading

Schools must have written permission from the parent/ guardian to release the student's educational records

Related links:

https://www.gadoe.org/Curriculum-Instruction-and-Assessment/Student-Support-Teams/Documents/Family%20Educational%20Rights%20and%20Privacy%20Act.pdf

https://studentprivacy.ed.gov/sites/default/files/resource_document/file/A%20parent%20guide%20to%20ferpa_508.pdf

https://www.clayton.edu/registrar/docs/FERPA-Notification-9-10-13.pdf

What is The Purpose of FERPA:

FERPA gives the individual student & parents/ guardian rights and privacy regarding their educational records

It also establishes a framework for the privacy & correction of records in schools

Related links:

https://www.apu.edu/provost/ferpa/families/#:~:text=FERPA%27s%20primary%20purpose%20is%20to,records%20at%20all%20schools%20nationwide.

https://www.whittier.edu/registrar/ferpa#:~:text=The%20Family%20Educational%20Rights%20and,of%20information%20from%20the%20records.

Examples of How FERPA Can Be Violated:

The most common FERPA violations include:

Releasing information without consent

Not securing student records properly

Denying authorized access

Failing to inform parents of their rights relating to their student's records

Related links:

https://www.ravennasolutions.com/blog/ferpa-everything-you-need-to-know/

https://www.newstimes.com/news/article/Another-Brookfield-parent-reports-FEPRA-violation-17592078.php

https://www.thompsonhorton.com/blog/when-you-cant-un-send-it-teachers-group-chat-mishap-leads-to-ferpa-violation/

https://www.theeagleonline.com/article/2021/04/au-unintentionally-exposed-thousands-of-students-data-in-violation-of-federal-law

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With the rise of technology use in schools and teacher resource websites, teachers are at a greater risk of sharing, copying, and distributing copyrighted content.

Copyright is defined as the right to copy the creators work, but you need the permission of the creator to replicate or use their work. Copyright laws cannot be violated when using public domain information such as government documents, National Archives, or public images.

The Fair use, Section 107 of the U.S. Copyright Act, is an exemption for limited use of the original creators content without getting their permission.

When determining what is "fair" in the world of copyright, consider these 4 factors:

1. The purpose of the use

2. The nature of the copyrighted work

3. The amount and substantiality of the portion taken

4. The value of the copyrighted work and for financial benefits

But...ALWAYS give credit to the original creator whether it is considered fair use or public domain.

Teachers can violate the fair use of copyright law by allowing students to use copyrighted content without permission from the creator. Even if the copyright law was infringed by a student rather than a teacher, it is still important to teach students that you cannot claim work as your own, give credit to the owner of the material, and encourage them to use public domain information.

Resourceful links and videos for teachers:

https://alicekeeler.com/2023/03/23/10-ways-teachers-violate-copyright-and-how-to-avoid-it/#:~:text=Sharing%20copyrighted%20materials%2C%20such%20as,domain%20or%20Creative%20Commons%20materials

https://www.rocketlawyer.com/business-and-contracts/intellectual-property/copyrights/legal-guide/copyright-and-fair-use-guidelines-for-teachers-and-schools

https://www.youtube.com/watch?v=xvZHNwBHirQ

https://www.youtube.com/watch?v=IFhF_tHrj4s

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COPPA (Children's Online Privacy Protection App)

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COPPA (Children's Online Privacy Protection App)

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Enacted in 2000, this law says that students under the age of 13 cannot give away personal information at school (ftc.gov)

Schools and teachers are responsible for collecting consent forms for when they want to use sites that ask this information for educational purposes

If the app required you to be 13 or 18, children should not lie about their age; common apps that children lie for include Facebook, Instagram, Yubo, Snapchat, Pinterest

Use websites that provide notice and get parental consent before collecting information from kids, have a "clear and comprehensive" privacy policy, and keep information they collect from kids confidential and secure

Personal information includes: name, address, email address, telephone number, asking what school they go to, etc. (these are most relevant to those under 13)

Threats to children if they give away personal information/purposes of this rule: ads that young children would be exposed to are harmful (alcohol/drug/dating related), information is being sent to third party sites, no simple way to delete account information, could communicate with people they should not be communicating with

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CIPA (Children's Internet Protection Act)

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CIPA (Children's Internet Protection Act)

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The Children's Internet Protection Act  measures must block or filter Internet access to pictures that are obscene, child pornography, or harmful to minors. Schools and libraries must provide reasonable notice and hold at least one public hearing or meeting to address this precaution.

Schools and libraries are required to implement measures that will address the following:

Access by minors to inappropriate matter on the internet

The safety and security of minors when using electronic mail, chat rooms and other forms of direct electronic communications

Unauthorized access, including so-called “hacking,” and other unlawful activities by minors online

Unauthorized disclosure, use, and dissemination of personal information regarding minors

Measures restricting minors' access to materials harmful to them.

How could a teacher violate this act?

-One way would be by allowing students to access online material on an electronic device with no pre-set restrictions.

Useful/educational links with more information:

https://www.fcc.gov/consumers/guides/childrens-internet-protection-act

https://www.fcc.gov/sites/default/files/childrens_internet_protection_act_cipa.pdf

Video resources on the act:

https://www.youtube.com/watch?v=PmO-Uw9_ta4

https://www.youtube.com/watch?v=diLo2YaGfEc

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Student Privacy 101:  FERPA for Parents and Students